Politics
Senate Committee Pushes VA To Explore Medical Marijuana As An Opioid Alternative For Veterans
A key Senate committee has included a variety of marijuana and psychedelics-related provisions in a report attached to a pair of spending bills—including calls to allow U.S. Department of Veterans Affairs (VA) doctors to recommend medical cannabis if the federal government reschedules it, exploring the possibility of “reducing opioid use through medical marijuana” and cracking down on illicit grow operations.
For example, the Senate Appropriations Committee report for Military Construction, Veterans Affairs, and Related Agencies (MilConVA) acknowledges that DOJ under former President Joe Biden “concurred” with the Department of Health and Human Services (HHS) recommendation to move marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA).
If rescheduling does happen, “VA should consider issuing guidance allowing VHA doctors and other personnel to discuss, recommend, and facilitate access to medical marijuana in States with state-legal medical marijuana programs to the extent allowable under Federal law,” the report says.
“Medical Marijuana.—The Committee recognizes that the Department of Justice’s Drug Enforcement Agency has concurred with the Department of Health and Human Services’ 2023 recommendation to reschedule cannabis in the Controlled Substances Act from its current placement in Schedule I to the less restrictive Schedule III. Should cannabis be rescheduled to a lower Schedule, VA should consider issuing guidance allowing VHA doctors and other personnel to discuss, recommend, and facilitate access to medical marijuana in States with state-legal medical marijuana programs to the extent allowable under Federal law.”
Another section discusses the potential for cannabis to be used as an alternative treatment option for veterans, urging VA to study “the relationship between treatment programs involving medical marijuana that are approved by States, the access of veterans to such programs, and a reduction in opioid use and abuse among veterans.”
“Reducing Opioid Use Through Medical Marijuana.—The Committee encourages VA to conduct a study on the relationship between treatment programs involving medical marijuana that are approved by States, the access of veterans to such programs, and a reduction in opioid use and abuse among veterans, as data is available to do so. Findings should be provided to the Committee on Appropriations of both Houses of Congress within 1 year of enactment of this act.”
Additionally, a section of the report for MilConVA addresses psychedelics-assisted therapy, noting that members understand “VA and other relevant Federal agencies are undertaking research to evaluate the efficacy of psychedelic-assisted therapies in treating PTSD, major depressive disorder, and other conditions.”
The committee is mandating that VA produce a report to Congress that lays out the status of research into the topic within 180 days of the bill’s enactment, and it’s further directing the agency to “initiate a longitudinal study of veterans participating in such therapies and track outcomes over a period of five years.”
“Psychedelic-Assisted Therapy.—The Committee understands that VA and other relevant Federal agencies are undertaking research to evaluate the efficacy of psychedelic-assisted therapies in treating PTSD, major depressive disorder, and other conditions. The Committee directs the Secretary to submit a report no later than 180 days after enactment of this act to the Committees on Appropriations of both Houses of Congress, on current research and activities related to these therapies, as well as estimated costs of staffing, training, equipment, facility, and other needs to expand use of these treatments. Further, the Department is directed to initiate a longitudinal study of veterans participating in such therapies and track outcomes over a period of 5 years. The study should include: the number of individuals receiving psychedelic-assisted therapies treatment in the last year, the average number of months such individuals served on active duty if available, the distribution of disability ratings of such individuals, the gender distribution of individuals receiving treatment, the number of individuals receiving psychedelic-assisted therapies treatment who suspended participation in such treatment, the average number of treatment sessions and dosages each individual received, the percentage of individuals who experienced a clinically significant reduction in symptoms, and the number of such individuals who experienced a recurrence of their diagnosis after previously receiving this treatment. The Department is directed to report annually on the progress of the study and provide a report to the Committees on Appropriations of both Houses of Congress on outcomes, at the conclusion of the study.”
The report further discusses GI Bill benefits as they related to cannabis, noting that “VA policy determinations have restricted the ability of veterans to access their earned benefits, including GI Bill Benefits.”
A 2022 VA policy advisory stipulated that GI benefits can’t be used for studies that ‘‘have the objective to prepare someone to participate in the cultivation, sale, or distribution of marijuana.’’ And so the committee is directing VA to submit a report with 90 days of enactment “regarding the number of veterans” impacted by the policy.
“Availability of GI Bill Benefits.—The Committee notes that VA policy determinations have restricted the ability of veterans to access their earned benefits, including GI Bill Benefits. In particular, the Committee is aware of the VA Policy Advisory, dated September 2, 2022 and entitled ‘‘State-Legalized Cannabis Training and GI Bill Benefits and Related Addendum,’’ which changed VA policy to no longer allow the use of GI Bill Benefits for courses of study determined to ‘‘have the objective to prepare someone to participate in the cultivation, sale, or distribution of marijuana.’’ The Advisory came despite the offering of such courses in States in which either the recreational or medicinal use of marijuana is legally permissible. The Committee directs VA to submit a report to the Committees on Appropriations of both Houses of Congress no later than 90 days after enactment of this act regarding the number of veterans who this effected.”
In a separate report for the Commerce, Justice, Science, and Related Agencies (CJS) bill, members of the committee included language directing federal agencies to report within 90 days of enactment on the “proliferation of illegal marijuana growing operations associated with foreign nationals.”
“Illegal Growing Operations.—The Committee directs the Department to submit a report, within 90 days of the enactment of this act, assessing the proliferation of illegal marijuana growing operations associated with foreign nationals. The report shall be coordinated among the FBI, DEA, and the Executive Office for United States Attorneys, and shall specifically assess: (1) the extent of illegal growing operations in the United States that are associated with foreign nationals; (2) any connections or links to Chinese transnational criminal organizations and/or the government of the People’s Republic of China; and (3) the Federal resources that can be deployed to support State, local, and Tribal law enforcement efforts. The report may be transmitted through classified channels as necessary and appropriate. The Committee directs the Department, in coordination with Federal law enforcement partners, to fully support State, local, and Tribal law enforcement agencies in their efforts on this matter.”
The Senate Appropriations Committee on Thursday approved the reports as well as the underlying CJS spending bill, which would also maintain protections for states with medical marijuana programs, while omitting a separate proposal included in the House version of the annual appropriations legislation that would prevent the Justice Department from rescheduling cannabis.
The panel also approved the MilConVA bill along with an amendment allowing VA doctors to recommend medical cannabis to their military veteran patients in legal states.
Advocates remain concerned, however, about the House language that would restrict DOJ from rescheduling cannabis, but the fact that it was not incorporated into the base bill for the Senate CJS legislation likely diminishes the chances it will ultimately be enacted when the final package is delivered to the president’s desk.
Meanwhile, the Drug Enforcement Administration (DEA) recently notified an agency judge that the marijuana rescheduling process remains stalled under the Trump administration.
It’s been over six months since DEA Administrative Law Judge (ALJ) John Mulrooney temporarily paused hearings on a proposal to move cannabis to Schedule III. And in a joint report to the judge submitted earlier this month, DEA attorneys and rescheduling proponents said they’re still at an impasse.
The Senate is poised to take an initial step toward confirming President Donald Trump pick to lead DEA on Monday—a development that many cannabis industry observers believe is necessary for the stalled marijuana rescheduling process to proceed.
Notably, while the nominee, Terrance Cole, has said that examining the rescheduling proposal would be “one of my first priorities” if he’s confirmed for the role, he has refused to say what he wants the result to be and has in the past made comments expressing concerns about the health effects of cannabis.
